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TOMMY HILFIGER, USA, INC. v. COMMONWEALTH TRUCKING, INC.

300 A.D.2d 58 (2002)

751 N.Y.S.2d 446

TOMMY HILFIGER, USA, INC., et al., Respondents, v. COMMONWEALTH TRUCKING, INC., et al., Defendants, and CONSOLIDATED RAIL CORPORATION, Appellant. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 10, 2002.

This action arises out of an alleged hijacking of a shipment container of Tommy Hilfiger wearing apparel from a truck owned and operated by defendant Commonwealth Trucking, Inc. (Commonwealth) at the Conrail facility in Croxton, New Jersey. The shipment, which consisted of three sealed containers, had originated in Indonesia and was en route from California to New York, its final destination. The Croxton facility is surrounded by a fence which is eight feet high topped with...

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